How Long Does an Employee Have to Report an Injury?

Workplace injuries can quickly become stressful for employees and employers alike. For Texas workers, understanding the timelines and processes for reporting an injury is crucial to preserving your right to workers’ compensation benefits. But how long do you have to report a work injury in Texas? At The Law Offices of Aaron Allison, we specialize in helping workers navigate these situations. Below, we’ll walk you through the key deadlines, steps, and obligations for employees and employers regarding workplace injuries.

When Should Employees Report a Workplace Injury?

According to the Office of Injured Employee Counsel, employees in Texas may need to report their injuries to their employers within 30 days. This timeline begins from the date of the injury or when the worker becomes aware that their condition is work-related. Notifying your employer within this period may jeopardize the chance of receiving workers’ compensation benefits. 

Prompt reporting is essential. Informing your employer immediately helps document the incident, ensures timely medical attention, and expedites the claims process. If the injury initially appears minor, it’s still advisable to report it. Many injuries worsen over time, and early documentation is critical for future claims.

How Long Does an Employer Have to File a Workers’ Compensation Claim?

Once an injury is reported, the employer has a limited timeline to file a claim with the appropriate workers’ compensation authority. According to the Office of Injured Employee Counsel, employers in Texas must file the necessary paperwork within eight days of learning about the incident.

This step is vital for ensuring the injured employee receives their benefits immediately. Filing delays can disrupt the process, impede access to medical care, and potentially lead to penalties for the employer.

Responsibilities of Employees and Employers After a Workplace Injury

Both employees and employers play distinct roles in the post-injury process, and understanding these responsibilities ensures a smoother experience for everyone involved.

Employee Obligations:

• Timely Reporting: Notify your employer within 30 days.
• Provide Accurate Details: Share all relevant information about the injury, including the time, place, and cause.
• Seek Medical Attention: Follow recommendations from a healthcare provider to validate your claim and support recovery.
• File a Claim: To protect their rights, employees may also need to file a formal report with the Division of Workers’ Compensation (TDI-DWC) within one year of the injury.

Employer Obligations:

• Facilitate Medical Care: Ensure the employee receives immediate medical treatment, if necessary.
• Investigate the Incident: Collect details about the injury, witnesses, and contributing factors.
• File Paperwork: Submit the workers’ compensation claim within the eight-day deadline.
• Maintain Communication: Keep the injured employee informed about the progress of their claim.

“Workers’ compensation cases aren’t just about benefits—they’re about holding employers accountable for workplace safety.”

Aaron Allison, Attorney

Founding Attorney

Types of Injuries Employees Should Report

Employees should report any injury or illness that arises directly from workplace duties or conditions. These include, but are not limited to:

• Physical injuries, such as fractures, burns, sprains, or lacerations
• Repetitive stress injuries like carpal tunnel syndrome
• Illness resulting from toxic exposure, such as respiratory issues
• Injuries caused by unsafe working environments or machinery malfunctions

Even if the injury seems insignificant, it’s better to report it. Minor injuries could develop into severe conditions that require medical attention in the future.

How to Report a Workplace Injury

Reporting a workplace injury doesn’t need to be complicated. Follow these steps to ensure you take the right actions:

1. Inform Your Supervisor: Notify your manager or workplace supervisor immediately. Verbal notification often suffices initially, but written documentation is ideal for maintaining a record.
2. Document the Event: Record key details, such as the date, time, location, and nature of the injury, along with any immediate medical treatment received.
3. Obtain Medical Assistance: Seek medical advice to evaluate and treat your injuries. This step is critical for creating a paper trail that supports your claim.
4. File the Necessary Paperwork: Collaborate with your employer to ensure the workers’ compensation claim is filed. Keep copies of all documentation for your records.
5. Follow-up: Monitor the status of your claim and communicate with your employer and healthcare provider to ensure a smooth process.

What Happens if an Employee Fails to Report a Workplace Injury?

Failing to report an injury within the designated timeline might result in denying workers’ compensation benefits. The delayed report could raise concerns about the claim’s validity or undermine its credibility. Employees might lose financial assistance for medical bills, rehabilitation, and lost wages.

On the employer’s side, neglecting to report an injury promptly or withholding details could lead to penalties and legal complications. Transparency and adherence to reporting requirements are crucial for reducing risk.

Protect Your Rights with Legal Guidance

Injured at work? Get the help you need. The Law Offices of Aaron Allison ensure your workers’ comp claim is filed correctly and on time.  Call 512-886-8434 to schedule a consultation.  Protect your rights; don’t leave your benefits to chance.

Aron Allison, Attorney

For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.

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